BENTON COUNTY WASTEWATER TREATMENT SYSTEMS ORDINANCE
An
ordinance governing the construction, modification installation and operation of
wastewater treatment systems within the county, requiring certain permits and
qualifications and providing penalties for violation thereof.
The
Benton County Health Department Board of Trustees and the Benton County
Commission hereby order it as follows:
The approval of any permit or wastewater treatment system
shall not be taken as a guarantee that the system will operate and function as
intended. The Benton County
Commission, Health Department, Board of Trustees or their representatives shall
not be liable for damages resulting from the approval by the Benton County
Health Department or its representatives for the construction, installation or
modification, maintenance or operation of an individual wastewater treatment
system.
SECTION 1 AUTHORITY
This ordinance is enacted pursuant to Section 192.300, RSMo
2000, which provides, in part as follows: The
County Commissions and the County Health Boards of the several counties may make
and promulgate orders and ordinances or rules and regulations, respectively, as
will tend to enhance the public health and prevent the entrance of infectious,
contagious, communicable or dangerous diseases into such a county, but orders or
ordinances and rules and regulations shall not be in conflict with any rules or
regulations authorized and made by the Department of Health and Senior Services
in accordance with this chapter. Benton
County’s policy will be the adoption of all future additions, changes, and or
modifications by reference, title, chapter or subsection mandated by the
Missouri Laws accompanied by Department of Health and Senior Services Rules
Governing On-Site Sewage Systems.
It shall be a violation of these regulations to construct,
repair or modify an onsite wastewater treatment system without a permit
regardless of lot size. Except as
provided in this section, any construction, operation, major modification or
major repair of an onsite wastewater treatment system shall be in accordance
with this ordinance. All property
must have a permit and a soil morphology test or a percolation test performed
prior to a septic system being installed. All
septic systems will be designed with at least minimum construction standards.
All property that joins the lake and is new construction will require an
engineer-designed system. All
property that joins the lake and has an existing household shall have a site
evaluation done by the regulating authority to determine if an engineer-designed
system will be required. All
property joining Corp. of Engineers property will have a site evaluation done by
the Regulating Authority to determine if an engineer-designed system will be
required. All engineered designed
systems will require a soil morphology test.
SECTION 3 DEFINITIONS
The following words and phrases shall have the following
meanings:
3.01
AERATION UNIT Any sewage tank, which utilizes the principle of
oxidation in the decomposition of sewage by the introduction of air into the
sewage. All aeration units shall
comply with National Sanitation Foundation (NSF)_standard no.40 or as required
by the Regulating Authority.
3.02
BOARD The Benton
County Health Department Board of Trustees.
3.03
REGULATING AUTHORITY Administrator
of Benton County Health Department or designated representative.
3.04
EMERGENCY CONDITIONS A
condition of such extreme nature which presents an immediate danger in public
health requiring immediate corrective action without the necessary time to apply
for the required permit as set forth herein
3.05
HEALTH HAZARDS Any
condition, which is known to cause disease or harm to a person, community or the
environment now or in the future.
3.06
HOLDING TANK A
watertight tank for storage of sewage until it can be transported to a point of
approved treatment and disposal.
3.07
LAGOON Part of a
wastewater treatment system consisting of a shallow pond constructed and located
in accordance with any state or local laws regulations.
3.08
MODIFICATION A
change, repair, replacement or addition to any Wastewater Treatment System other
than “Routine Maintenance” as defined in Section 3.09.
3.09
ROUTINE MAINTENANCE Any cleaning and/or pumping of a Wastewater
Treatment System performed by a Pumping Service. The removal of obstructions from a Wastewater
Treatment System line from the building to a septic tank, the cleaning and/or
repair of a pump, the cleaning of filter systems; and any other ground work
which does not affect the operation of a Wastewater Treatment System.
3.10
PERMIT A written
authorization, which authorizes the permittee to construct, install or modify a
wastewater treatment system in compliance with this ordinance.
3.11
PERSON An individual,
partnership, corporation, association, firm, company, joint venture or any
combination of these.
3.12
POTABLE WATER Water free from impurities that could cause disease
or harmful physiological effects and with the bacteriological and chemical
quality conforming to applicable public health standards.
3.13
REGISTERED CONTRACTORS, ENGINEERS AND INSTALLERS
A contractor, engineer or installer who registers his business with the
Board and meets the requirements for such registration.
3.14
REGISTERED SEWAGE TANK CLEANER
A person engaged in the business of flushing, cleaning, emptying or
pumping any sewage within Benton County, who is registered with the Board and
meets the requirements for such registration under Section 14 herein.
3.15
SEPTIC TANK A
watertight receptacle which is designed to receive the discharge of a building
sanitary draining system that is designed and constructed so as to separate
solids from liquid, digest organic matter through a period of detention, and
allow the liquid to discharge into a soil treatment system or other approved
systems.
3.16
STATE REGISTERED ENGINEERS A registered professional engineer, authorized and empowered
to operate in that capacity in the State of Missouri, registered as such with
the Missouri Board of Architects, Professional Engineers and Land Surveyors.
3.17
STOP ORDER A written
order issued by the Board or its designated representative to stop all
construction, installation, modification or operation of a wastewater treatment
system, as specified in Section 11.
3.18
WASTEWATER Defined as
including, but not limited to any liquid or solid that goes down the drain –
excreta, wastewater, ground garbage or any other type of liquid or solid.
3.19
WASTEWATER TREATMENT SYSTEM The structure and equipment designed or being utilized to
handle, treat or dispose of wastewater.
3.20
VARIANCE A permitted
exception following the guidelines in Section 6 (L) 19CSR20-3.60.
3.21
VARIANCE COMMITTEE A
committee consisting of three (3) persons who shall be authorized to issue a
permit for Wastewater Treatment Systems which would otherwise not qualify for
such permit under this Ordinance, and to issue variances and decide appeals from
decisions of the Regulating Authority. The board shall appoint one member and the Benton County
Commissioners shall appoint one member and the Presiding Commissioner shall be
the third member. All members shall
be full time residents of Benton County. A
majority vote of the Variance Committee shall authorize the issuance of permits
and variances.
SECTION 4 PROHIBITIONS
No person shall:
4.01
Construct, install or modify any wastewater treatment system without the
permit(s) required herein.
4.02
Construct, install or modify any wastewater treatment system when the
permit has expired or has been suspended or revoked.
4.03
Fail to comply with a STOP ORDER issued pursuant to the Ordinance.
4.04
Fail to comply with the terms of this Ordinance.
SECTION 5 PERMIT APPLICATION PROCEDURE AND
REQUIREMENTS
5.01
Any person desiring to construct, install or modify a wastewater
treatment system must first obtain a valid permit issued pursuant to this
Ordinance and the following procedures and regulations will be followed in
applying for a permit. The
Regulating Authority issues permits.
5.02
Any person who proposes to construct, install or modify a wastewater
treatment system shall submit to the office of the Regulating Authority (i) a
written application on a form supplied by the Regulating Authority or (ii) a
design and engineer report prepared by
a State Registered Engineer. All
systems, will be reviewed upon submission and
permits issued unless the Regulating Authority rejects such design for good
cause, which shall be specifically described by the Regulating Authority.
5.03
Design data, percolation test or soils analysis test and one (1) copy of
the plan, specifications and other pertinent information pertaining to supplies
and equipment to be used in construction of the wastewater treatment systems and
any additional information requested by the Regulating Authority must accompany
the application for a permit to construct, install or modify.
5.04
A permit will be posted on the property stating who is constructing the
wastewater treatment system during the time of construction.
5.05
Emergency conditions must be reported immediately or on the next working
day to the regulating authority. An
approved permit must be secured at the time the emergency is reported.
A tank replacement is the only part of an emergency situation that can be
corrected without prior approval of the Regulating Authority.
5.06
After final inspection as described in Section 7.04 herein, and
compliance with the permit, the Regulating Authority will issue authorization
for operation of the Wastewater Treatment System.
SECTION 6 APPLICATION PROCESSING PROCEDURES
All permit applications received will be processed in the
following manner:
6.01
Each application shall be approved or disapproved as soon as reasonably
possible,
but in no event to exceed ten
(10) business days from the date the application is received.
6.02
All permits, plans and specifications must meet or exceed the
requirements of this
ordinance.
6.03
The Regulating Authority will notify the applicant in writing, by mail or
in person,
of the approval of the
application for the permit(s). If
the Regulating Authority denies the permit, the applicant shall be notified in
writing, by mail or in person, of all the reasons for said denial and of all
changes required for the permit(s) to be issued.
6.04
Any applicant aggrieved by the requirements of the Regulating Authority,
or who
has been denied a permit by the
Regulating Authority may request and shall receive a hearing in accordance with
the provisions of Section 19.
SECTION 7 CONSTRUCTION AND OPERATION IN COMPLIANCE
WITH ISSUED PERMIT
7.01
The permittee shall conduct all construction, installation or
modification of any
wastewater treatment system in
accordance with the terms and conditions of the permit.
A new application or amended application must be filed with the
Regulating Authority if the permittee desires to modify a permit.
No modification shall be implemented until a new or modified permit has
been issued or a variance given pursuant to sub-section 7.03.
7.02
The issuance of a permit to construct a wastewater treatment system does
not
relieve the permittee of the
responsibility to properly operate and maintain the wastewater treatment system
, in full compliance with the conditions of the permit and all provisions of
this ordinance.
7.03
At the discretion of the Regulating Authority or the Variance Committee,
a change
may be made from the
requirements specified in the original permit, if material and/or procedures
specified in the permit cannot be obtained or accomplished and alternative
materials and procedures are approved by the Regulating Authority or the
Variance Committee and duly noted on the permit.
7.04
The permittee shall give the Regulating Authority at least twenty four
(24) hours advance notice of the time and date that the installation is to be
completed. The Regulating authority
shall be allowed to inspect the installation at any time during installation,
but the permittee shall not be required to delay the installation to allow for
such inspection. The permttee shall
call the Health Department before 4:30 pm and on weekdays only.
Weekend inspection shall be scheduled during the week.
7.05
All Systems must be
installed by a state licensed and county registered
installer. The
installer must receive training from the manufacturer or a designated
representative in coordination with the type of system that is being installed.
SECTION 8 MODIFICATION
OF SYSTEM
In the event that
installation cannot practically be made in accordance with the existing permit,
the Regulating Authority or its authorized representative shall authorize on
site modifications to the system and note such modifications on the permit
immediately or as soon as practical, but not to exceed two (2) working days
after notification by the permittee. Except
as otherwise stated herein, modified permits shall be subject to all terms and
conditions of Section 5, 6 and 7 of the Ordinance.
SECTION 9 PERMIT
DURATION AND EXTENSIONS
9.01
The permit duration for construction, installation or modification in no
event shall exceed one (1) year from the date of issuance.
In some instances as with violations the permit duration, will be
variable and reasonably sufficient to allow the permittee to perform the
proposed work, and the duration shall not exceed ninety (90) days from date of
issuance.
9.02
Permits will be issued to the homeowner or their authorized
representative, and such authorization must be in writing from the homeowner.
9.03
The Regulating Authority may extend a permit.
Such extension request shall be in writing to the office of the
Regulating Authority and shall be approved or disapproved within ten (10)
business days after the request is received.
SECTION 10 PERMIT
SUSPENSIONS OR REVOCATION
10.01
The Board or Regulating Authority may suspend or revoke a permit for a
wastewater treatment system for any of the following reasons:
a.
Substantial non-compliance with the terms of the permit;
b.
Modifications in design or construction which are not authorized by the
Regulating Authority.
c.
Intentional falsification of information submitted; or
d.
Substantial non-compliance with the terms of this ordinance as determined
by the Board.
10.02
Before a permit will be suspended or revoked, the permittee will be given
a
reasonable opportunity of not
less than twenty (20) business days after receipt of written notice of
non-compliance to perform the corrections in order to come into compliance with
the permit.
SECTION 11 STOP ORDER
11.01
A STOP ORDER may be issued by the Regulating Authority for the following
reasons:
a.
For new construction or installation, if the materials and/or manner of
installation is not in accordance
with the terms or conditions of the permit.
b.
For existing systems which are being operated in violation of this
ordinance,
if the property owner fails to
submit a plan of compliance within thirty (30) days, or fails to fully comply
within ninety (90) days after receipt of written notice of the violation.
If the property owner or occupant refuses to permit an inspection as
provided by Section 12 herein, the Regulating Authority may assume the system is
being operated in violation of this Ordinance.
c.
If there exists a condition of such extreme nature which presents an
immediate
danger in public health requiring
immediate corrective action. Examples
of such an immediate danger include direct contamination of a potable water
source.
11.02
No stop order shall be enforced while an appeal is in process, unless
11.01. (C) is
applicable.
SECTION 12 INSPECTIONS
The Board or its
authorized representative may enter and inspect operating systems at reasonable
times, but only after receiving permission from the property owner or occupant
or agent of the owner or occupant except that, if an imminent health hazard
exists, such notification shall be attempted but is not required.
SECTION 13 MINIMUM
STANDARDS FOR A WASTEWATER TREATMENT SYSTEM
Any wastewater treatment
system shall meet the following regulations and requirements.
13.01
Section 303, 208, and 201 of the Federal Clean Water Act or Minimum
Construction Standards For Onsite Sewage Disposal Systems 19 CSR 20-3.60
or
Chapter 701.025-701.059 RSMo or this Ordinance.
13.02
Restrictions for lots, parcels and tracts subdivided after the effective
date of this
Ordinance.
a.
When the property’s potable water is supplied by a rural water district
or
multi-family water
system, any portion of the wastewater treatment system, shall be a minimum of 10
ft. from any portion of said rural water district lines.
b.
When a non-discharging lagoon is used as part of the wastewater treatment
system, the lagoon must
be constructed 75 ft. from all property lines and 200 ft. from all residences,
and 100 ft. from the residence served.
13.03
Lagoons shall have a One Thousand (1000) gallon septic tank installed
ahead of
the lagoon. The
lagoon shall be a minimum of 1320 square feet of non-discharging surface water 3 to 5 feet deep,
fenced, mowed and free of all algae duckweed and other aquatic vegetation.
Timber shall be removed for a distance of fifty (50) from water edge.
Routine maintenance is required. It
shall meet all other standards for a lagoon as outlined in 19 CSR 20-3.060.
13.04
No metal or steel tanks will be approved for sewage disposal unless they
are
National Sanitation Foundation (NSF)/American
National Standards Institute (ANSI) approved and coated inside and out.
13.05
The minimum tank size is one thousand (1000) gallons for a single-family
residence.
13.06
When the percolation rate is less than ten (10) or greater than sixty
(60) minutes
per inch, a State Registered Engineer may be
required to design a Wastewater Treatment System.
13.07
Other systems may be approved pursuant to this Ordinance when site
conditions
dictate.
13.08
Minimum trench absorption field size is three hundred (300) lineal feet,
or one hundred (100) lineal feet per bedroom, but not to be less than three
hundred (300) lineal feet. A bed
system is increased by fifty percent (50%) over what would be required for a
trench system.
13.09
A holding tank must be specifically approved by the regulating authority
on a
case-by-case basis, and will never be less than a
one thousand (1000) gallon tank with a visible and audible alarm and a pumping
agreement with a certified pumping service.
SECTION 14 REGISTRATION
OF PERSONS ENGAGED IN WASTEWATER TREATMENT SYSTEM PROJECTS
14.01
Every person engaged in the business of construction, installation, or
modification
of wastewater treatment systems within Benton
County must hold a State installers license and apply for registration annually
with the Benton County Health department. .
14.02
The Board may adopt rules and regulations establishing qualifications and
minimum standards of experience, training and
knowledge for persons desiring to register under this Ordinance.
14.03
Any person whose application for registration under this section has been
denied
will be notified in writing as to the reasons for
denial as soon as practical after application is made, but if notice of denial
is not mailed or delivered within thirty (30) after the date of application said
application shall be deemed approved.
14.04
Whenever the Regulating Authority determines that a holder of a valid
registration under this section has violated any
provisions of the Ordinance, or the rules and regulations adopted by the Board,
the Regulating Authority may recommend to the Board that said registration be
suspended or revoked. If the Board
finds that the Regulating Authority recommendation has merit, then the Board
shall schedule a hearing on the proposed suspension or revocation after giving
said holder not less than thirty (30) days notice of said hearing and reasonable
opportunity to be heard. The Board
shall render its decision within ten (10) days of said hearing.
14.05
The registration fee for septic installers in Benton County is one
hundred ($100.00) dollars annually.
SECTION 15 WASTEWATER
AD HOC COMMITTEE
A committee shall be appointed to evaluate the operation of
this Ordinance and the need for changes.
15.01
Appointment of wastewater Ad Hoc Committee:
The Wastewater Ad Hoc
Committee shall consist of nine
(9) members, who shall be the Regulating Authority, and four (4) members
appointed by the Board and four (4) members appointed by the County Commission.
The Ad Hoc Committee shall elect a Chairman by majority vote who shall be
a full time resident of Benton County.
15.02 Terms:
Each appointed member of the Wastewater Ad Hoc Committee shall
hold office for a period of two
(2) years, except that of the initial appointees, two (2) of the four (4)
members appointed by each body shall serve a one (1) year term.
15.03
Vacancies: The body that
appointed that person shall fill any vacancy
whose removal or resignation
created the vacancy. The term of
such appointment shall last only for the time remaining on the predecessor’s
term.
15.04
Meetings: The Wastewater Ad
Hoc Committee shall meet not less than quarterly,
or upon request of the Board,
County Commission, the Chairman, or upon request of four (4) or more members and
it shall be the duty of the Chairman to call a meeting of the Wastewater Ad Hoc
Committee within ten (10) days after such request is made.
15.05
Recommendations: The
Chairman shall see that recommendations of the
Wastewater Ad Hoc Committee are
forwarded to the Board and the County Commission for consideration.
SECTION 16 WASTEWATER TREATMENT SYSTEM PERMIT FEES
Wastewater treatment system permit fees are
non-refundable. These fees are as
follows:
16.01 The fee
for a single-family dwelling wastewater treatment system permit is
one hundred ($100.00) dollars.
16.02 The fee
for a residence other than a single family dwelling wastewater
treatment system permit is one
hundred ($100.00) dollars.
16.03 The fee
for a business or commercial wastewater treatment system permit is one
hundred twenty-five ($125.00).
SECTION 17 PENALTIES
Any person who violates any provision of the Ordinances is
guilty of a crime. Every day in
which a violation occurs or continues shall constitute a separate violation.
SECTION 18 APPEALS PROCESS
18.01
Any person aggrieved by the Regulating Authority may appeal by filing a
written application
with the office of the Regulating Authority.
18.02
Appeals from the Regulating Authority shall be heard by the Variance
Committee within ten (10) business days after the appeal is filed (unless the
applicant requests a later date) and the applicant shall be given a reasonable
opportunity to be heard. The
Variance Committee shall render a decision as soon as practical, but in no event
later that ten (10) business days after the meeting in which the appeal is
heard.
18.03
Appeal hearings to the Variance Committee shall be conducted in
accordance with the Variance Committee’s adopted rules and procedures.
SECTION 19 NOTICES
19.01 Any
notice required herein or any STOP ORDER shall be served to the owner, of
record, and the permittee and to
all other appropriate parties and shall be as follows:
a.
By personal delivery; or
b.
By depositing said notice of STOP ORDER in first class mail, certified
return receipt requested.
19.02 All
STOP ORDERS shall be posted at the wastewater treatment system site in a
conspicuous place.
SECTION 20 GRANDFATHER CLAUSE
20.01
All persons now operating an individual wastewater treatment system are
grandfathered under this Ordinance. However, if the system fails, and if
modification, repair, or replacement is required, a permit will be required to
restore that portion of the system that has failed.
This restored system would be approved by the Board or Regulating
Authority and shall be subject to all terms and conditions of Section 5, 6, and
7 of the Ordinance.
20.02
For properties that do not, as of the date of the Ordinance, have a
wastewater treatment system, the property owner shall be required to utilize
contiguous property if necessary to meet the requirements for a wastewater
treatment system under this Ordinance.
SECTION 21 SEVERABILITY
If any portion of this Ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, that portion
shall be deemed a separate, distinct and independent provision and that holding
shall not affect the validity of the remaining portion of this ordinance.
SECTION 22 AMENDMENTS
This Ordinance may be amended by a resolution passed by
both the County Commission
and the Board and also in accordance with RSMo 192.300.
SECTION 23 EFFECTIVE DATES AND APPROVAL
This Ordinance shall be effective upon its approval by a
properly passed resolution of the Benton County Board of Health Trustees and the
Benton County Commissioners.
A
resolution Approving an ordinance governing the Construction, Modification,
Installation and Operation of Wastewater Treatment Systems within Benton County,
Missouri requiring certain permits and qualifications and providing penalties
for violation thereof, pursuant to Section 192.300, RSMo (1989).
Whereas,
Section 192.300, RSMo (1989) provides the Board of Health Trustees may make and
promulgate an ordinance to enhance the public health and prevent the entrance of
infectious, contagious, communicable or dangerous diseases into such county; and
Whereas,
the Board of Health Trustees have determined that it is in the best interest of
the citizens of Benton County, Missouri to adopt a Wastewater Treatment System
Ordinance in order to protect the public health; and
Whereas,
the Board of Health Trustees of Benton County, Missouri in cooperation with the
Benton County Commissioners have prepared and approved Ordinances for Benton
County Wastewater Treatment Systems; and
Whereas,
the Board of Health Trustees desire to enact such ordinances in accordance with
law.
Now
therefore, be it resolved by the Board of Health Trustees of Benton County,
Missouri as follows:
1.
The Benton County Wastewater Treatment Systems Ordinances a copy of which
is attached to this Resolution as Exhibit A, and incorporated herein by
this reference, is hereby approved, adopted and enacted by the Board of Health
Trustees of Benton County, Missouri.
2.
The County Clerk of Benton County, Missouri is hereby directed to cause
said ordinances to be printed and available for distribution to the public in
the office of the County Clerk and at the office of the Benton County Health
Department.
3.
The Benton County Clerk is further directed to publish a copy of this
Resolution, together with a copy of the attached Ordinance in the Benton County
Enterprise for three (3) successive weeks within thirty (30) days after the
passage of the Resolution.
4.
This Resolution shall take effect and be enforced upon its adoption and
approval.
ADOPTED AND APPROVED BY THE COMMISSIONERS OF BENTON COUNTY,
MISSOURI THIS ______ DAY OF _________________, 1991.
REVISED AND APPROVED BY THE COMMISSIONERS OF BENTON COUNTY,
MISSOURI THIS ______ DAY OF _________________, 2007.
__________________________
PRESIDING COMMISSIONER
__________________________
NORTHERN COMMISSIONER
__________________________
SOUTHERN COMMISSIONER